Section § 1200

Explanation

Hearsay evidence is any statement made outside of court that's used to prove something true during a trial. Generally, this type of evidence isn't allowed unless a law specifically permits it. This rule is commonly referred to as the hearsay rule.

(a)CA Evidence Code § 1200(a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.
(b)CA Evidence Code § 1200(b) Except as provided by law, hearsay evidence is inadmissible.
(c)CA Evidence Code § 1200(c) This section shall be known and may be cited as the hearsay rule.

Section § 1201

Explanation

In simple terms, this section says that a statement won't be excluded just because it's hearsay if each part of it fits within a hearsay exception. Basically, even if it's hearsay, it's okay as long as it meets the exceptions.

A statement within the scope of an exception to the hearsay rule is not inadmissible on the ground that the evidence of such statement is hearsay evidence if such hearsay evidence consists of one or more statements each of which meets the requirements of an exception to the hearsay rule.

Section § 1202

Explanation

This section of the law says that if someone makes a statement as evidence, and then makes another statement that contradicts it, this latter statement can still be used to challenge the person's credibility, even if they didn't have a chance or weren't available to explain the contradiction. Additionally, any other evidence meant to support or question this person's credibility can be allowed, as long as it would have been allowed if they had actually been a witness in the hearing. For this purpose, people who give depositions are treated as if their statements are hearsay.

Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by such declarant received in evidence as hearsay evidence is not inadmissible for the purpose of attacking the credibility of the declarant though he is not given and has not had an opportunity to explain or to deny such inconsistent statement or other conduct. Any other evidence offered to attack or support the credibility of the declarant is admissible if it would have been admissible had the declarant been a witness at the hearing. For the purposes of this section, the deponent of a deposition taken in the action in which it is offered shall be deemed to be a hearsay declarant.

Section § 1203

Explanation

This statute explains that if a hearsay statement is admitted in court, the person who made the statement (the declarant) can be questioned by the opposing party as if they were being cross-examined.

However, this doesn't apply if the declarant is a party involved in the lawsuit, someone identified with a party, or if they've already testified on the subject in the case.

Also, the rule doesn't apply to statements covered by certain other specific legal articles.

Lastly, even if the person who made the hearsay statement cannot be questioned, it doesn't automatically make the statement inadmissible.

(a)CA Evidence Code § 1203(a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination concerning the statement.
(b)CA Evidence Code § 1203(b) This section is not applicable if the declarant is (1) a party, (2) a person identified with a party within the meaning of subdivision (d) of Section 776, or (3) a witness who has testified in the action concerning the subject matter of the statement.
(c)CA Evidence Code § 1203(c) This section is not applicable if the statement is one described in Article 1 (commencing with Section 1220), Article 3 (commencing with Section 1235), or Article 10 (commencing with Section 1300) of Chapter 2 of this division.
(d)CA Evidence Code § 1203(d) A statement that is otherwise admissible as hearsay evidence is not made inadmissible by this section because the declarant who made the statement is unavailable for examination pursuant to this section.

Section § 1203.1

Explanation

This section explains that hearsay evidence rules do not apply during preliminary hearings in specific situations, as governed by another section of the Penal Code.

Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination, as provided in Section 872 of the Penal Code.

Section § 1204

Explanation

This law section explains that in a criminal case, a statement that qualifies as hearsay and would typically be allowed cannot be used against the defendant if it was made in circumstances where it would violate their constitutional rights under either the U.S. or California Constitutions.

A statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant in a criminal action if the statement was made, either by the defendant or by another, under such circumstances that it is inadmissible against the defendant under the Constitution of the United States or the State of California.

Section § 1205

Explanation

This section clarifies that the current rules on hearsay evidence do not override or cancel out any existing laws about hearsay evidence. It means that other hearsay-related laws are still in effect.

Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence.